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Carbon Capture and Storage Law for New Zealand: A Comparative Study

2009
Scholarly Work
Barry Barton
International Policy/Guidance
Carbon Capture, Utilization and Storage → Carbon Capture and Storage
New Zealand
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Summary/Abstract

The purpose of this article is to inquire into the requirements for a suitable legal framework for CCS in New Zealand. It does so by a comparative analysis that features Canada and Australia, and touches on the United States and the European Union. The article examines rights to real property, the system of titles or permits for CCS, regulation, the relationship of CCS with oil and gas operations, relationships with other legislation, and liability. The article does not trace each issue into a fully shaped solution for New Zealand law; sometimes the solution is reasonably obvious, but at others it needs a good deal more consideration. The focus of the article is on the storage or disposal part of the CCS sequence; the earlier stages raise few legal issues any different from those concerning any large construction project.

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